Douglas Estes v. Kentucky Utilities Company

JOINER, District Judge.

Plaintiff appeals in this ease from a decision of the district court granting defendant’s motion for summary judgment. He asserts that the district court committed error in granting defendant leave to amend its answer to assert the affirmative defense on which the motion for summary judgment was based, 41 months after its original answer was filed. For the reasons that follow, we affirm the decision of the district court.

In this diversity action, plaintiff seeks common law tort damages from defendant for injuries suffered while he was cleaning defendant’s street lights.…